Englewood Cliffs City Zoning Code
§ 30-5.12.1
Purpose.
[Pursuant to a settlement agreement entered into between the Borough and the Fair Share Housing Center dated October 8, 2020 and conditioned upon approval from the Superior Court of the State of New Jersey. Borough document labeled Ord. No. 20-11.]
a.
The entirety of the "Whereas" clauses set forth in Ordinance 20-11 are hereby incorporated by reference.
b.
To implement the Settlement Agreement between the Borough of Englewood Cliffs and Fair Share Housing Center dated October 8, 2020 (Docket No. BER-L-6119-15) by permitting the properties referenced below to be further developed with an inclusionary housing project based upon the standards set forth herein.
c.
This section establishes the Northern Sylvan Avenue Corridor Inclusionary Overlay - A (OL-A) Zone, which shall be applied, as shown in the attached table as Attachment A to this section and shown in the attached map as Attachment B, in the following areas:[1]
1.
Portion of 800 Sylvan Avenue (Block 910, Lot 1). The site is currently utilized as a research and development facility. The site is proposed to be subdivided into two (2) properties, with the smaller remaining portion of the site to be subject to the overlay zoning.[2]
2.
900 Sylvan Avenue (Block 1201, Lot 8 and Lot 9.01). Lot 9.01 is assumed as an associated parcel under the tax card for Lot 8. The site is currently utilized as the CNBC headquarters with ancillary parking.
3.
910-940 Sylvan Avenue (Block 1201, Lots 9.03 and 9.04). The site is currently a four-building corporate center known as "Sylvan Corporate Center".
[1]
Attachments on file in the Borough offices.
d.
The Northern Sylvan Avenue Corridor Inclusionary Overlay - A (OL-A) Zone district shall permit multi-family residential development and multi-family mixed commercial/residential development satisfying the use, bulk, and design standards contained hereinafter provided that at least 20% of all residential units created pursuant to the overlay zone standards shall be set aside for very-low, low- and moderate-income households as provided for elsewhere in this section. The affordable units shall not be age-restricted.
e.
The underlying zone districts' regulatory provisions shall remain in force. Any existing development on a parcel within the Northern Sylvan Avenue Corridor Inclusionary Overlay - A (OL-A) Zone that is compliant with the requirements of the underlying zoning may continue or expand as it would have prior to the adoption of this overlay zone. Any developer or property owner that wishes to develop or use a property in a manner consistent with the existing, underlying zoning may do so and not be subject to the requirements of overlay zone.
f.
Notwithstanding the foregoing, every site within the Northern Sylvan Avenue Corridor Inclusionary Overlay - A (OL-A) Zone may be redeveloped as an inclusionary project subject to the rights and responsibilities set forth herein including the requirement to make 20% of the units affordable.
g. AVERAGE FINISHED GRADE BUILDING COVERAGE BUILDING HEIGHT, ACCESSORY BUILDING OR STRUCTURE BUILDING HEIGHT, MULTI-FAMILY DWELLING, TOWNHOUSE OR STACKED TOWNHOUSE DWELLING, MULTI-FAMILY DWELLING, STACKED TOWNHOUSE DWELLING, TOWNHOUSE ELEVATION ABOVE MEAN SEA LEVEL MULTI-FAMILY FLOOR AREA RATIO STORY
Definitions. The following terms, as used in this section, shall have the following meanings:
Shall mean the average finished grade of a building or structure measured at intervals of ten (10) feet along each exterior wall of the building or structure i.e., the sum of the results of such finished grade measurements, divided by the number of such measurements.
Shall mean that portion of a lot covered by the largest floor area of all structures, both principal and accessory.
Shall mean the measurement from the average finished grade to the midpoint of the roof for pitched roofs and the highest point of the roof deck for flat roofs, for any accessory buildings or structures.
Shall mean the measurement of the vertical distance from the average finished grade to the highest point of the roof deck which intersects the building's exterior walls.
Shall mean a building containing three (3) or more dwelling units, including units that are located one over another, where entranceways, hallways, basements, attics, storage areas, heating systems, yards and similar services in the building may be individual, shared in common, or in combination.
Shall mean a two-family dwelling consisting of two vertical units, with each dwelling unit having individual ground-floor access.
Shall mean a single-family dwelling in a line of three (3) or more dwelling units attached by plane vertical party walls that is at least two (2) stories in height, with each dwelling unit extending from the ground to the roof and having individual ground-floor outside access and no interior rooms or hallways shared with other dwelling units.
Shall be defined as a measure of the vertical distance of a location in reference to the mean sea level (MSL) based on the National Geodetic Vertical Datum of 1929 (see the NOAA, National Geodetic Survey website: https://www.ngs.noaa.gov/datums/vertical/national-geodetic-vertical-datum- 1929.shtml)
Shall mean the area of all floors of multi-family buildings, including spaces within multi-family buildings used for off-street parking or loading.
Shall mean the portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling or roof next above it.